[HISTORY: Adopted by the Town Board of the
Town of Victor 10-13-2015 by L.L.
No. 10-2015[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 211.
[1]
Editor's Note: This local law also repealed former Ch. 194,
Vehicles, Abandoned or Junk, adopted 4-13-1987 by L.L. No. 2-1987,
as amended.
The purpose of this chapter is to control and regulate the outdoor
storage of abandoned or junk vehicles within the Town. The Town of
Victor finds that abandoned or junk vehicles constitute a hazard and
nuisance to the health, safety and welfare of the citizens of the
Town. The Town also finds that the storage of abandoned or junk vehicles
is unsightly and depreciates surrounding property values. The control
of the outdoor storage of abandoned or junk vehicles within the Town
shall be regulated for the preservation of the health, safety and
general welfare of the community.
As used in this chapter, the following terms shall have the
meanings indicated:
Any motor vehicle defined as an "abandoned vehicle" pursuant
to § 1224 of the Vehicle and Traffic Law of the State of
New York.
Any motor vehicle that, for any reason, a) is incapable of
being operated, drawn or driven by any self-propelled means of power,
or b) is unlicensed, discarded, abandoned, or a salvage vehicle, or
c) which is no longer intended or in condition for legal use upon
the public highway. With respect to any motor vehicle not required
to be licensed or not usually used on public highways, the fact that
such vehicle has remained unused for more than three consecutive months
and is incapable of being operated, drawn or driven by any self-propelled
means of power shall be presumptive evidence that such vehicle is
a "junk vehicle." The fact that a motor vehicle which may be licensed
or registered with the State of New York does not display a current
license plate shall be presumptive evidence of the fact that such
motor vehicle is unlicensed.
Every vehicle originally designed and intended to be operated,
drawn or driven or capable of being operated, drawn or driven upon
a public highway by any power other than muscular power. For the purposes
of this chapter, the term "motor vehicle" shall include, but not be
limited to, automobiles, trucks, buses, motorcycles, trailers, and
recreational vehicles including but not limited to all-terrain vehicles,
motorboats and similar personal powered watercraft, motor homes, and
snowmobiles.
Any inoperable motor vehicle which is being dismantled (either
partially or wholly) for the purpose of removing undamaged or operable
parts for the purpose of resale or installation in another vehicle.
The term "salvage vehicle" shall include the component parts of such
vehicles when those parts are stored or deposited outdoors.
A.
No person, firm, or corporation shall, within the Town of Victor,
store, deposit, or cause or permit to be stored or deposited a junk
vehicle or any part or piece thereof outdoors on real property owned
by that person, firm, or corporation, or occupied as a tenant by such
person, firm, or corporation. In cases of leased property, the responsibility
for adherence to this chapter is shared jointly and severally by both
the owner of the land and the tenant. Storage of any junk vehicle
for a period longer than five days after receipt of a notice from
the Town of Victor shall constitute a violation.
B.
Exemptions. This section shall not apply to:
(2)
Licensed motor vehicle service stations or body-repair shops within
a commercial or industrial district of the Town while awaiting repair
or servicing at such place of business. Not more than five such vehicles
shall be permitted on any such premises at any one time.
(3)
Agricultural vehicles and equipment which are temporarily stored
on the premises of an active farm and used in connection with farm
work. Such vehicles must be so maintained and protected as to not
create any safety hazard or nuisance to surrounding property owners
and shall not remain inactive for more than nine months.
(4)
Junk vehicles stored in covered structures which comply with New
York State building codes governing the use of structures for the
storage of motor vehicles.
(5)
Junk vehicles which are under repair, reconstruction or refurbishing
by the owners thereof who reside upon the premises. Not more than
one such vehicle shall be permitted to be stored or deposited outdoors
at any one time on any premises. Such motor vehicle must be so maintained
and protected as to not create any safety hazard or nuisance to surrounding
property owners and shall not remain as a junk vehicle on the premises
more than three months.
No person, firm or corporation shall, within the Town of Victor, permit, cause, or consent to allow abandoned vehicles to be stored or deposited outdoors on real property owned by that person, firm or corporation, or occupied as a tenant by such person, firm or corporation. In cases of leased property, the responsibility for adherence to this chapter is shared, joint and severally, by both the owner of the land and the tenant. The storage of abandoned vehicles for a period of longer than five days after receipt of a notice of violation set forth in § 194-5 of this chapter from the Town of Victor shall constitute a violation.
After the Code Enforcement Officer has determined that an abandoned
or junk vehicle is being stored on a parcel of real property in violation
of this chapter, he shall serve written notice of the violation, personally
or by registered or certified mail, upon the owner of record and the
occupant of the property, if any, directing the removal of such a
vehicle or vehicles within five days of receipt of such notice.
It shall be the duty of the Code Enforcement Officer to enforce
this chapter and to bring to the attention of the Town Board any violations
or lack of compliance herewith. This chapter may also be enforced
by any law enforcement agency having jurisdiction within the Town
of Victor.
There shall be a presumption that a person who has received the notice of violation set forth in § 194-5 of this chapter has stored, deposited, abandoned or caused, consented or permitted the storage of such vehicles described in said notice.
A.
When extenuating circumstances exist or hardship conditions can be
demonstrated, a special permit for an exemption to this chapter may
be granted to an individual for a specified period of time by application
to the Town Board of the Town of Victor. Application must be made
through the office of the Town Clerk. The application may be approved
for the reason stated by the applicant, provided that approval would
not be detrimental to the health, safety or welfare of the Town of
Victor. The applicant shall be required to offer such proof as a part
of the process of getting approval for the application. Such a permit
will be granted only after a hearing has been held on the merits of
the application and findings of fact have been stated by the Town
Board in the resolution of approval.
B.
Special permits granted under this section shall be valid for a period
of one year, subject to renewal upon further application to the Town
Board upon the same terms as set forth above.
A.
A violation of this chapter or any provision or part thereof by any
person, firm or corporation is hereby declared to be an offense, punishable
by a fine not exceeding $250 or by imprisonment not to exceed six
months, or both. Each day's continued violation shall constitute
a separate and additional offense. For the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
or any provisions or parts thereof shall be deemed misdemeanors, and
for such purpose only all provisions of law relating to misdemeanors
shall apply to such violation.
B.
In addition to the enforcement proceeding set forth above, this chapter
may be enforced by instituting a special proceeding, as authorized
by Article 4 of the Civil Practice Law and Rules, to compel compliance
with the provisions of this chapter or to restrain by injunction any
violation thereof or to obtain any other appropriate relief.
Notwithstanding any other provisions of this chapter, any automobile
storage facility or other junkyard located in a residentially zoned
district in existence at the effective date of this chapter shall,
at the expiration of one year from such date, be discontinued.
